AMD 2003 Annual Report Download - page 248

has examined and knows all and any facts, events and circumstances which might be relevant to, or could affect, influence, harm, or have any other
detrimental impact on, the unlimited, unrestricted and proper production, including, but not limited to, the production of semiconductor processors, within
Fab 30 or Fab X, (vi) that Contractor has performed all and any surveys and tests necessary to examine and know all and any Site Conditions; (vii) that
there are no Site Conditions which could be relevant to, or affect, influence, harm or have any other detrimental impact on the proper execution of, the
Works any changes and Additional Works to be performed under this Agreement, or which might be relevant to, or could affect, influence, harm or have
any other detrimental impact on the proper operation of Fab 30 or Fab X and the unrestricted, unlimited and proper production, including, but not limited
to, the production of semiconductor processors, within Fab 30 or Fab X, (viii) that Contractor has carefully examined the Site and is aware of the
location of any means through which Fab 30 or Fab X is or will be supplied, including, but not limited to, the supply with water, bulk gas, other gas,
electricity, light or electromagnetic signals or impulses, including, but not limited to, utilities and all any means for the disposal of such or like substances,
(ix) that—unless agreed upon otherwise between the Parties - the Works any changes and Additional Works will not lead to any vibrations exceeding
250 microinch/sec for ATPC and 320 microinch/sec Malab for and that Contractor is responsible for all Site Conditions.
If mutually agreed upon between the parties, Contractor shall be granted defined shut down periods, if and to the extent such shut downs are absolutly
necessary for proper execution of the Works. Such shut downs may only be granted, if and to the extent the operation of and production within Fab 30 is
impacted to the lowest degree possible.
10. Securities
10.1. Retention
Company may retain from any payment to be made under this Agreement an amount equal to a total of [***]* of the gross remuneration due at the
relevant
* Confidential treatment has been requested pursuant to section IV.1.(b) of the Confidential Treatment Request dated March 9, 2004.
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Source: ADVANCED MICRO DEVIC, 10-K, March 09, 2004